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Home My WebLink AboutMOU - Services Related to Weather Amnesty for Chronically Homeless - The Center for the Homeless, Inc.A. 1316 COUNTY -CITY BUILDING PHONE 574/ 235-9251 227 W. JEFFERSON BOULEVARD is T It FAX 574/ 235-9171 SOIJTH BEND. INDIANA 46601-1 930 nr * ` r rs CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARDU LIC WORKS November 12, 2019 Mr. Stephen Camillari The Center for the Homeless, Inc. 813 S. Michigan St. South Bend, IN 46601 RE: Memorandum of Understanding Dear Mr. Camillari: The Board of Public Works, at its meeting held on November 12, 2019, approved the above referenced memorandum in the amount of $93,760 for weather amnesty services. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU MEMORANDUM OF UNDERSTANDING BETWEEN THE SOUTH BEND BOARD OF PUBLIC WORKS AND THE CENTER FOR THE HOMELESS, INC. This Memorandum of Understanding (this "Agreement") is made and executed between the City of South Bend, Indiana (the "City") acting by and through its Board of Public Works ("BPW") and The Center for the Homeless, Inc. ("CFTH") on the 12th day of November 2019 (the "Effective Date"). WHEREAS, BPW exists and operates in accordance with the laws of the State of Indiana and the South Bend Municipal Code; and WHEREAS, CFTH is an Indiana non-profit corporation and is qualified as a tax-exempt entity under Section 501(c)(3) of the Internal Revenue Code; and WHEREAS, as a part of its charitable mission, CFTH will manage a weather amnesty location within the City for the benefit of the City's homeless population during the 2019-20 winter season (the "Weather Amnesty Period"); and WHEREAS, the City wishes to support the weather amnesty efforts of CFTH with financial contributions during the Weather Amnesty Period; and WHEREAS, BPW has determined that donating the funds to CFTH during the Weather Amnesty Period constitutes a valid public purpose and will serve the interests of the City's residents; and NOW, THEREFORE, BPW and CFTH do hereby mutually agree as follows: I. TERM This Agreement shall commence on October 1, 2019 (the "Effective Date") and continue until May 1, 2020. II. GENERAL TERMS BPW shall authorize a donation to CFTH in an amount not to exceed Ninety -Three Thousand Seven Hundred Sixty Dollars ($93,760.00), (the "Donation Amount"), an amount determined by the projected budget attached hereto as Exhibit A. The Donation amount shall be used for the staffing and operation of a weather amnesty location by CFTH. Any portion of the Donation Amount not used or claimed for reimbursement by June 30, 2020 shall be subject to revocation by the City. III. RESPONSIBILITIES OF THE CITY a) The City, through BPW, will authorize and provide the Donation Amount to CFTH in the form of reimbursements, which will be paid upon the submission and approval of written submissions in the form attached hereto as Ex iibit B (the "Reimbursement Requests"). b) The City, through BPW, appoints Pam Meyer of the City's Department of Community Investment (the `BPW Representative") to accept or reject the Reimbursement Requests, in whole or in part, conditionally or unconditionally, as she determines in her sole discretion. c) The City agrees to obey all applicable local, state, and federal laws and regulations. IV. RESPONSIBILITIES OF CFTH a) CFTH shall use the Donation Amount during the Weather Amnesty Period solely for weather amnesty -related purposes. b) CFTH shall submit Reimbursement Requests to the BPW Representative in a timely manner, and all submissions shall be filed with the BPW Representative prior to June 30, 2020. c) CTFH shall provide the City with a reasonable manner in which the City shall provide the Donation Amount related to all accepted Reimbursement Requests. d) CFTH shall not discriminate against any person seeking to use the weather amnesty program, nor will it use any portion of the Donation Amount to advance or facilitate religious activities. e) CFTH agrees to obey all applicable local, state, and federal laws and regulations. IV. ASSIGNMENT Neither party may assign this Agreement without first obtaining written consent from the other party. V. ILLEGALITY If any provision of this Agreement is found by any court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement will not be affected thereby, and in lieu of any provision that is found to be illegal, invalid, or unenforceable, there will be added as part of this Agreement a provision as similar to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable. VI. ENTIRE AGREEMENT This document contains the entire agreement between the parties regarding the issue of financial support for CFTH's weather amnesty program and supersedes all prior negotiations, representations, or agreements, either written or oral, regarding the sole issue of financial support for CFTH's weather amnesty program. This Agreement shall not be amended or modified except by written instrument signed by both parties. VII. GOVERNING LAW This Agreement shall be governed by the laws of the State of Indiana and venue shall be in St. Joseph County, Indiana. IN WITNESS WHEREOF, the parties hereto, through their duly authorized representatives, have caused this Agreement to be executed as of the day and year first written above. The parties have read and understand the foregoing terms of this Agreement and do, by their respective signatures hereby agree to its terms. THE CENTER FOR THE HOMELESS, INC. ,w Byle""I/ jAt . .. . . ......................... Its: CITY OF SOUTH BEND, INDIANA ACTING BY AND THROUGH ITS BOARD OF PUBLIC WORKS Gary Gilot, President Therese Dorau, Member tuc Elizabeth Maradik, Member �en eve Mille er „aura O'Sullivan, Member AT "1"'ST: Ada Martin, Cl°k EXHIBIT A The Center for the Homeless, Inc. Projected 2019-20 Weather Amnesty Budget A 2 Weather Amnesty Costs To Be Paid By City Original T'irneframe,11/1/19 to 4/1/2020; add'I 3 wks cost noted below Coaching staff Supervisor & Executive Director Volunteer Coordinator Adminstrative staff Payroll Taxes Liability Insurance Food Total 14 October 1-15 Additional Costs 15 Staff 16 Coaching staff 17 Supervisor & Executive Director 18 Volunteer Coordinator 19 Adminstrative staff 20 Payroll Taxes 21 Liability Insurance 22 Food 1,065 B 24 25 October 16-31 Additional Costs 2,688 800 885 266 300 395 25,586 8,800 9,735 2,926 3,300 4,028 1,000 12,790 68,164 26 Staff Coaching staff Supervisor & Executive Director Volunteer Coordinator Adminstrative staff Payroll Taxes Liability Insurance Food SubJ to ` Month of April Additional Costs Staff staff Supervisor & Executive Director Volunteer Coordinator Adminstrative staff Payroll Taxes Liability Insurance Sub -Total 2,688 800 885 266 300 395 1,065 0,1199, 5,376 1,600 1,770 532 600 790 2,130 12,798 27 28 29 30 31 32 33 34 35 36 37 38 ''Coaching 39 40 41 42 43 44 ''Food 45 Total Cost for11/1/19-4/1/2020 68,164 Total Cost w/add'I 2 months Oct/April 93,760 EXHIBIT B Form of Reimbursement Request REIMBURSEMENT REQUEST Pursuant to the Memorandum of Understanding, dated November 12, 2019 (the "MOU"), between the City of South Bend, Indiana (the "City"), acting by and through its Board of Public Works (the "BPW") and The Center for the Homeless, Inc. ("CTFH"), the City donated the Donation Amount (as defined in the MOU) to CTFH to be used in furtherance and support of CTFH's weather amnesty efforts. In accordance with the terms of the MOU, CTFH hereby requests that the BPW Representative, acting by the authority granted in the MOU, approve the disbursement to CTFH of Dollars ( .00) of the remainder of the Donation Amount to reimburse CTFH for its expenditures for the operating and/or staffing of its weather amnesty location evidenced by the documents attached hereto as Exhibit I (the "Supporting Documents"). In submitting this request, CTFH hereby warrants and agrees as follows: 1. CTFH has incurred the following expenses, which are reflected in the Supporting Documents, solely for purposes of advancing CTFH's weather amnesty efforts and not for advancing or facilitating religious activities: 2. CTFH waives and releases any and all present and future liabilities of and claims against the City, the BPW, or any of their respective officers, agents, employees, successors, or assigns (collectively, the "City Parties") related to or arising out of the donation of the City's funds to CTFH or CTFH's use of the City's donated funds. CTFH agrees to indemnify and hold the City Parties harmless from any liability, loss, costs, damages, or expenses, including attorneys' fees, which the City Parties may suffer or incur as a result of any claims or actions brought by any person or entity arising out of the donation of the City's funds to CTFH or the use of the City's funds by CTFH. If any such claim or action is brought against any of the City Parties, CTFH will defend such action or proceedings at its own expense and pay any judgment rendered therein. The undersigned represents and warrants that he or she is duly authorized to execute this instrument on CTFH's behalf and to bind CTFH to its terms. Further, the undersigned affirms, under penalties of perjury, that the statements contained in this instrument are true and accurate. THE CENTER FOR THE HOMELESS, INC. an Indiana non -piµ fit corporation By: Printed: Its: Date: EXHIBIT 1 TO REIMBURSEMENT REQUEST Supporting Documents [See attached.]